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TERMS OF USE

Effective Date: Feb 18 2026

Last Updated: July 27 2026

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use ("Terms") govern access to and use of the website available at https://toihomes.com and any associated mobile or internet-connected application ("Website"), and the services described in Section 4 ("Services"), operated by TOI – Homes a business division of Times Internet Limited, a company incorporated in India ("TIL", "TOI Homes", "Company", "we", "us", "our").

These Terms are a legally binding agreement between you ("User", "you", "your", also referred to as "Buyer" depending on context) and TIL. By accessing the Website, clicking "I agree", submitting an inquiry form, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, available at https://toihomes.com/privacy-policy, which is incorporated by reference.

You represent that you are at least eighteen (18) years of age and legally competent to contract. Individuals under 18 may use the Website only under the account and active supervision of a parent or legal guardian, who accepts these Terms on the minor's behalf and remains responsible for that use.

TIL may update these Terms from time to time at its discretion, with the revised version posted at https://toihomes.com/termsandconditions along with the "Last Updated" date. Continued use of the Website after a revision constitutes your acceptance of the updated Terms. Where a change is material and you have a registered account, TIL will make reasonable efforts to notify you (for example, by email or an in-Website notice) in advance of the change taking effect.

2. DEFINITIONS

  • "User" or "Buyer": any person who accesses the Website or Services to browse listings, submit inquiries, request property information, schedule site visits, or otherwise use the Website's features.
  • "Partner Builder": a real estate developer/builder registered under the Real Estate (Regulation and Development) Act, 2016 ("RERA") whose projects are displayed on the Website pursuant to a commercial and brokerage arrangement with TIL.
  • "Services": the property discovery, marketing, lead-generation, brokerage, and ancillary services described in Section 4.
  • "Personal Data": has the meaning given to it under the Digital Personal Data Protection Act, 2023 ("DPDP Act") and is handled as described in Section “Data Protection and Privacy” and in our Privacy Policy.

3. RERA REGISTRATION

TIL's RERA registration details are published at https://www.toihomes.com/rera-information and may be independently verified with the relevant state RERA authority.

4. NATURE AND SCOPE OF SERVICES

TOI Homes is a real estate discovery, marketing, and brokerage platform. Subject to Section 5 (Brokerage Relationship), which governs and prevails over any inconsistent description elsewhere in these Terms, the Services include:

4.1 Property Marketing and Promotion

  • Displaying curated property listings from Partner Builders;
  • Creating and distributing marketing materials, project details, images, videos, and brochures supplied by Partner Builders, on an as-is basis, on their behalf.

4.2 Buyer Acquisition and Lead Generation

  • Attracting and engaging prospective Buyers through the Website and associated marketing channels;
  • Collecting, qualifying, and screening inquiries based on stated requirements, budget, and purchase readiness;
  • Routing qualified leads to TOI Homes' sales team and, in turn, to the relevant Partner Builder.

4.3 Transaction Facilitation and Support

  • Providing property information supplied by Partner Builders (specifications, pricing, payment plans, possession timelines, etc.) on an as-is basis;
  • Coordinating site visits between Buyers and Partner Builder representatives;
  • Providing relationship management, follow-ups, and process guidance to Buyers;
  • Facilitating access to home loan services through partner financial institutions;
  • Assisting with booking formalities and coordination through to transaction closure.

4.4 Communication and Relationship Management

  • Maintaining communication with Buyers through their search and purchase journey;
  • Recording calls between Buyers and TOI Homes representatives for quality assurance, training, compliance, and dispute-resolution purposes, as consented to under Section 16;
  • Sharing updates on new projects, pricing changes, and relevant offers, subject to your communication preferences under Section 16.

5. BROKERAGE RELATIONSHIP

TIL is registered under RERA as a real estate agent in the jurisdictions described in Section 3. This registration is a regulatory classification required to carry on real estate brokerage business under RERA; it does not make TIL an agent of any Partner Builder, Alliance Partner, or Buyer, and does not give TIL authority to conclude contracts, make binding representations, or otherwise act in a manner that legally binds any Partner Builder or Alliance Partner.

Functionally, TIL acts as an intermediary that connects Buyers with Partner Builders and facilitates their transaction — through property marketing, lead qualification, negotiation support, and coordination — under commercial and brokerage arrangements with Partner Builders. TIL's sole source of revenue from property transactions is the brokerage commission paid by Partner Builders upon a successful sale; Buyers do not pay TIL any brokerage fee, commission, or service charge for using the Website or Services. Being compensated by a Partner Builder does not, by itself, make TIL that Partner Builder's fiduciary or legal agent; any specific obligations TIL owes a Partner Builder arise solely under TIL's separate commercial agreement with that Partner Builder, not under these Terms, which govern only the relationship between TIL and the Buyer.

Equally, TIL does not act as the Buyer's broker, agent, or representative, and owes no fiduciary duty to the Buyer. This remains true notwithstanding the customer-support, relationship-management, and facilitation services TIL provides to Buyers under Section 4 — that support is part of how TIL performs its intermediary role and does not create a broker-client or fiduciary relationship between TIL and the Buyer, and does not make TIL the Buyer's exclusive representative.

Consistent with this role, and without limiting Section 21 (Limitation of Liability) or Section 20 (Disclaimer of Warranties), TIL does not act, for the Buyer, as: a seller, developer, owner, or title holder of any listed property; a party to any sale, allotment, or transaction agreement between Buyer and Partner Builder; a financial institution or lender; a legal, tax, or investment advisor; a property valuer or certified appraiser; a technical inspector or surveyor; or a guarantor of property quality, construction standards, or Partner Builder performance.

By using the Services, you acknowledge that you have been informed of TIL's role and business model as described in this Section, and you agree to engage with TIL on that basis. You are encouraged to separately engage your own independent broker, legal counsel, financial advisor, or other professional to represent your interests in any transaction (see Section 8).

Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and TIL, and you have no authority to bind TIL in any manner.

5.1 Alliance Partners in Other States

TIL's own RERA agent registration extends only to the states listed at https://www.toihomes.com/rera-information. For a project located in a state where TIL does not hold its own RERA agent registration, TIL may facilitate the sale through an arrangement with a real estate agent or broker who is separately and validly registered under RERA in that state ("Alliance Partner"), rather than acting as agent itself in that state.

Where a transaction involves an Alliance Partner, the Alliance Partner — and not TIL — is the RERA-registered real estate agent facilitating that sale, and TIL's role is limited to referring your inquiry and providing marketing, coordination, or platform support under its arrangement with the Alliance Partner. TIL will identify the applicable Alliance Partner and its RERA registration details to you before, or at the point, the Alliance Partner becomes involved in your transaction. The disclaimers in Section 5 (no fiduciary duty to Buyer), Section 20 (Disclaimer of Warranties), and Section 21 (Limitation of Liability) apply equally to Services performed through an Alliance Partner.

6. FEES AND CHARGES

Use of the Website to browse listings and submit inquiries is currently free for Users. TIL may introduce subscription, membership, or service fees for products, services, or premium features in the future, on reasonable prior notice to Users.

7. PROPERTY LISTINGS AND INFORMATION

7.1 Accuracy of Information

Pricing, availability, specifications, amenities, images, floor plans, project status, possession timelines, payment plans, and RERA registration details displayed on the Website are supplied by Partner Builders. TIL makes reasonable efforts to present this information accurately, but relies on Partner Builders as the primary source and does not independently verify every detail. Primary responsibility for the accuracy and completeness of property information rests with the Partner Builder as the seller and developer. All details are subject to change without notice.

7.2 No Guarantee of Availability

Display of a property does not guarantee its availability for sale, or that it will remain available at the displayed price or terms.

7.3 No Endorsement

Listing a property or Partner Builder does not constitute TIL's endorsement or guarantee of its quality, legality, reliability, or investment potential.

7.4 Independent Verification

You are strongly advised to independently verify all property information — legal status, ownership, approvals, specifications, pricing, and availability — directly with the Partner Builder or through qualified professionals before making any purchase decision.

7.5 Legal Metrology Disclaimer

Partner Builders are required to declare property area in accordance with the Legal Metrology Act, 2009 and the rules made under it. TIL displays area measurements as provided by Partner Builders and makes reasonable efforts to present them consistent with that Act, but responsibility for the accuracy and legality of area declarations rests with the Partner Builder as the developer and seller of the property.

You are advised to independently verify all area measurements, unit conversions, and carpet area calculations with the Partner Builder before making a purchase decision.

8. RELATIONSHIP WITH PARTNER BUILDERS

Partner Builders and their representatives are independent third parties, not employees or agents of TIL for purposes of the Buyer relationship (see Section 5 for TIL's role as an intermediary between Buyers and Partner Builders). All property transactions, negotiations, and payments occur directly between you and the Partner Builder; TIL is not a party to such transactions.

Disputes concerning a transaction, construction quality, timelines, or agreements with a Partner Builder must be resolved between you and that Partner Builder, using the remedies available under RERA, consumer protection law, and your agreement with them. TIL's own liability, including in connection with its role as intermediary, is governed exclusively by Section 21.

While TIL endeavors to work with RERA-registered and reputable developers, it does not guarantee any Partner Builder's financial stability, reliability, or legal compliance. Conduct your own due diligence before entering into any transaction.

9. ANCILLARY SERVICES

The following ancillary services are offered for your convenience. TIL's liability in connection with each is governed by Section – “Limitation of Liability” and Section – “Disclaimer of Warranties”; the sub-clauses below describe the operational terms of each service and do not restate a separate liability standard.

9.1 Home Loan Facilitation

TOI Homes facilitates access to home loan services solely as a referral platform connecting Buyers with partner financial institutions. TIL acts only as a facilitator in this respect: it is not the agent of the financial institution, is not your agent, and does not act as a Lending Service Provider or other intermediary performing lending, underwriting, servicing, or recovery functions on behalf of any financial institution.

  • By opting in, you consent to being contacted by TIL and/or the financial institution via phone, SMS, WhatsApp, or email regarding your loan inquiry.
  • Loan sanction, disbursal, eligibility, and timelines are decided solely by the relevant financial institution; TIL's role is limited to introducing you to the financial institution and, at your request, forwarding documents you choose to share, on a best-effort basis. TIL does not verify, underwrite, or take any decision on your application.
  • Interest rates, EMI, tenure, and fees shown on the Website are indicative and subject to the financial institution's final approval.
  • Calculators and eligibility tools on the Website are for guidance only and are not binding quotes.
  • TIL does not collect cash or payment for home loan services; all fees are payable directly to the financial institution.
  • TIL may share your information with the relevant financial institution and related service providers solely to deliver this service, consistent with Section 17.
  • Disputes with a financial institution must be resolved directly with that institution.

9.2 Site Visits

TIL coordinates site visits between Buyers and Partner Builders. TIL does not act as your agent in this process and does not guarantee any outcome; its role is limited to scheduling and coordination.

  • Your contact details may be shared with the relevant Partner Builder solely to coordinate the visit.
  • You agree to attend site visits professionally, follow the Partner Builder's safety instructions and site rules (including wearing required safety gear at under-construction sites), and not take photographs, videos, or measurements without the Partner Builder's permission.
  • These Terms prevail over any verbal assurance made by a TIL representative that is inconsistent with them.

9.3 Property Inspection Services

Where TIL connects you with a third-party property inspection service provider ("Inspection Service Provider"), TIL acts only as a connector between you and that provider; the arrangement for the inspection itself is on a principal-to-principal basis between you and the Inspection Service Provider.

  • You consent to being contacted by the Inspection Service Provider via phone, email, or WhatsApp using details shared by TIL.
  • Responsibility for the quality and accuracy of the inspection report rests with the Inspection Service Provider; TIL will make reasonable efforts to assist in resolving concerns but is not the appropriate party to a dispute about the report's content.

9.4 Third-Party Links and Services (general)

The Website may link to, or make available, third-party content, advertisements, or services ("Third-Party Services") for your convenience. TIL does not control and is not responsible for the availability, accuracy, or privacy practices of Third-Party Services, and a link, listing, or paid advertisement is not an endorsement or recommendation by TIL. TIL makes no representation or warranty as to the merchantability, quality, fitness for purpose, or performance of any Third-Party Service, and holds no possession, custody, or control over any goods or services offered by a Third-Party Service provider.

Any dealings with a Third-Party Service provider are strictly between you and that provider, on that provider's terms, and TIL is not a party to them. If you enable or integrate a Third-Party Service, you authorize that provider to access your data solely for the functional purpose of that integration; that provider's collection, security, and use of your data is governed by its own terms and privacy practices, and TIL is not responsible for that provider's data handling or for any breach on its systems.

10. OTHER SERVICES REFERENCED ON THE WEBSITE

The Website also refers to the following services. Unless a dedicated terms page is linked at the time you avail a specific service (in which case those terms govern that service and apply in addition to these Terms), the following general position applies:

10.1 Property Advisory and Investment Consultation

TIL may provide property consultation, curated project recommendations, and market or investment insights (including project analysis reports) to help you evaluate properties. This is general informational guidance to support your own decision-making; it is not personalized investment, financial, or legal advice, and TIL does not guarantee any project's investment potential, capital appreciation, or rental yield. You should seek independent professional advice before making an investment decision.

10.2 NRI and Overseas Buyer Services

TIL provides NRI and overseas buyers with curated recommendations, virtual consultations, site walkthroughs, and coordination support. This service is provided on the same brokerage basis described in above in section “Brokerage Relationship”, and Section “International and Overseas Users”.

Purchase of immovable property in India by an NRI, OCI, or other person resident outside India is subject to the Foreign Exchange Management Act, 1999 ("FEMA") and the regulations, directions, and circulars issued by the Reserve Bank of India under it, including as to eligible categories of buyer, permitted property types, and payment channels. TIL does not provide FEMA or RBI regulatory advice, and it remains your responsibility to ensure your purchase, and the funds used for it, comply with FEMA and applicable RBI regulations; you are advised to consult a professional advisor on these requirements before transacting.

10.3 Legal Assistance

Where TIL facilitates access to documentation or legal-verification support (for example, coordinating with a Partner Builder's team on agreements or registration), it does so as a coordination service and not as your legal advisor. TIL does not act as your lawyer, and providing this coordination does not create an attorney-client or advisory relationship. You are advised to have all transaction documents reviewed by your own independent legal counsel before signing.

10.4 Property Management and Post-Sale Support

TIL does not itself provide property management services and does not guarantee outcomes relating to maintenance, rent-out assistance, tenant management, or asset performance. Where TIL refers you to a third-party provider for such post-sale support, that referral is subject to Section “Third-Party Links and Services” — the arrangement is between you and that provider, and you should review their terms independently.

11. REGISTRATION AND ACCOUNTS

Certain features (saving preferences, personalized recommendations, tracking inquiries, premium features) require registration with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, and must notify TIL promptly of any unauthorized use. TIL is not liable for losses arising from unauthorized use of your account that occurs without its fault, but you may be liable for losses TIL or a third party incurs as a result of such unauthorized use where it results from your failure to safeguard your credentials.

12. USER OBLIGATIONS AND REPRESENTATIONS

By using the Services, you agree that:

  • You will provide accurate, complete, and correct information at registration and in any inquiry;
  • Information you submit may be verified by TIL and shared with the relevant Partner Builder as part of the brokerage process;
  • You are responsible for content you retrieve, store, or transmit via the Services;
  • You confirm you are above 18 years of age and legally competent to contract under Indian law, or responsible for any activity by the minor under your account and supervision;
  • You are responsible for the set-up and security of your own equipment used to access the Services;
  • You will take reasonable care to ensure that information you submit is accurate and not misleading, and you are responsible for its accuracy;
  • You will indemnify TIL, if information you submit is found to be false, or to infringe a third party's rights.

13. ACCEPTABLE USE

You agree not to, and not to attempt to:

  • Use the Services for any fraudulent, unlawful, or malicious purpose, or in a way that could damage, disable, overburden, or impair the Website or any connected network;
  • Gain unauthorized access to any account, system, or data, including through hacking, password mining, scraping, or automated crawling;
  • Upload or transmit content that is unlawful, defamatory, obscene, pornographic, harmful to minors, harassing, or that infringes any intellectual property or privacy right;
  • Impersonate any person or entity, or misrepresent your affiliation with one;
  • Provide false or misleading information in a registration or inquiry, including submitting inquiries with no genuine purchase intent;
  • Upload viruses, malware, or other harmful code;
  • Send spam, chain letters, or unsolicited commercial messages through the Website;
  • Violate RERA, applicable consumer-protection law, or any other applicable law;
  • Harvest personal data of other users without authorization;
  • Use the Website to compete with TOI Homes, replicate its brokerage model, or solicit Partner Builders for direct engagement with intent to circumvent TIL where TIL facilitated the introduction;
  • Misrepresent your financial capacity or ability to complete a transaction, or use the Services in connection with money laundering or terrorist financing.

TIL may monitor use of the Website and take lawful action in response to actual or suspected violations, including suspension or termination of access, and may cooperate with legal authorities investigating a suspected offence.

14. PROHIBITED CONTENT (IT RULES COMPLIANCE)

As required under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you shall not host, display, upload, publish, transmit, store, update, or share any information on the Website that:

  • belongs to another person and to which you do not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relates to or encourages money laundering or gambling, or is otherwise inconsistent with or contrary to the laws in force;
  • is harmful to a child;
  • infringes any patent, trademark, copyright, or other proprietary right;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates misinformation or information that is patently false or untrue but may reasonably be perceived as fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to a cognisable offence, prevents investigation of an offence, or insults another nation;
  • contains a software virus or other computer code, file, or program designed to interrupt, destroy, or limit the functionality of a computer resource; or
  • is patently false or untrue and is written or published to mislead or harass a person, entity, or agency for financial gain or to cause injury.

Content that violates the above may be disabled, and your account may be subject to investigation or action under applicable law.

15. INTELLECTUAL PROPERTY

Unless otherwise stated, copyright and other intellectual property rights in material on the Website (text, images, video, project brochures, floor plans, design renderings, trademarks, and logos) belong to TIL, its affiliates, or the relevant Partner Builder, and are protected under applicable Indian law. Property images, brochures, and similar project materials are owned by the relevant developer and displayed on TOI Homes with its authorization under TIL's brokerage arrangement with that developer. You may not reproduce, distribute, or otherwise use such materials without authorization, and you may not use framing techniques to enclose, or remove/obscure, any TIL or Partner Builder trademark, logo, or proprietary notice.

Subject to these Terms, TIL grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial property search and engagement with TOI Homes' Services. You may not copy, modify, reverse-engineer, or create derivative works from the Website, or transfer any right in it, without TIL's express written consent.

16. USER CONTENT

Where you submit content to the Website — reviews, testimonials, feedback, photographs, or inquiry details ("User Content") — you represent that you hold the necessary rights to submit it and that it does not infringe any third party's rights.

You grant TIL a non-exclusive, worldwide, royalty-free, sub-licensable license to use, reproduce, adapt, and display User Content for the purpose of operating the Website and Services, including brokerage marketing and promotional use consistent with the purpose for which you submitted it (for example, using a testimonial you submitted in marketing material). This is a license, not a transfer of ownership: TIL does not acquire ownership of your User Content, and you may request that TIL stop using a specific piece of User Content in future materials by writing to the Grievance Officer under Section 24, without prejudice to use that has already occurred.

You agree to post only honest, genuine reviews based on actual experience, and not to post content in exchange for compensation from a developer or any 3rd party. TIL may moderate, edit, or remove User Content at its discretion, including content that violates these Terms.

17. DATA PROTECTION AND PRIVACY

TIL is a Data Fiduciary under the Digital Personal Data Protection Act, 2023, in respect of Personal Data for which it determines the purpose and means of processing — including operating the Website, managing your account, and routing your inquiry to a Partner Builder. Where TIL instead collects or processes Personal Data at the specific instruction of a third party who itself determines the purpose and means of that processing — for example, collecting your details as a lead on behalf of, and sharing them with, a partner financial institution, Partner Builder, Alliance Partner, or any other service provider— TIL acts as a Data Processor for that third party, who remains responsible as Data Fiduciary for that processing under the DPDP Act. How we collect, use, share, retain, and secure your Personal Data in either capacity, and how you can exercise your rights as a Data Principal (including access, correction, erasure, grievance redressal, withdrawal of consent, and nomination), are set out in full in our Privacy Policy, available at https://toihomes.com/privacy-policy, which is incorporated into these Terms by reference and forms part of your agreement with TIL.

17.1 International and Overseas Users (including NRI and U.S.-based Buyers)

The Website is operated from India and our data-protection compliance is built around Indian law. If you access the Website from outside India, including from the United States, we do not represent that our practices satisfy the specific requirements of your local data-protection law (for example, state-level U.S. privacy statutes). Where you are subject to such a law, you are responsible for assessing whether it applies to your use of the Website; you may raise any request with the Grievance Officer under Section 24, and we will consider it in good faith, but our contractual commitment is governed by, and limited to, the Indian legal framework referenced above.

18. COMMUNICATIONS CONSENT

Where you submit your phone number, WhatsApp number, or email to the Website, you consent to receive transactional communications necessary to respond to your inquiry or deliver the Services (for example, confirming a site visit) via call, SMS, WhatsApp, or email.

Separately, and only where you have given express consent at the point of collection (for example, by opting in on the inquiry form), you consent to receive promotional and marketing communications from TIL, its affiliates, and Partner Builders, notwithstanding your registration on the National Do Not Disturb / National Customer Preference Register, to the extent such consent is given effect under applicable Telecom Regulatory Authority of India (TRAI) regulations. You may withdraw this consent at any time using the mechanism described in our Privacy Policy, which will stop future promotional communications without affecting transactional communications necessary to service an active inquiry.

TIL may record calls between you and its representatives for quality assurance, training, regulatory compliance, and dispute-resolution/evidentiary purposes; by using the Services, you consent to such recording.

19. CONFIDENTIALITY

In using the Services you may gain access to non-public information relating to TIL's commercial arrangements, brokerage agreements, commission structures, pricing strategy, or buyer databases ("Confidential Information"). You agree to keep Confidential Information confidential, not to disclose it to any third party without TIL's prior written consent (except where disclosure is required by law), and not to use it beyond what is necessary to use the Services under these Terms. This obligation survives termination of your access to the Website.

20. DISCLAIMER OF WARRANTIES

THE WEBSITE, PROPERTY LISTINGS, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NO INFORMATION OR STATEMENT ON THE WEBSITE CONSTITUTES A WARRANTY, GUARANTEE, OR REPRESENTATION BY TIL.

TIL DOES NOT PROMISE, COVENANT, REPRESENT, WARRANT, OR GUARANTEE THAT YOU OR ANY OTHER USER WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH USE OF THE WEBSITE — FOR EXAMPLE, TIL DOES NOT GUARANTEE THAT YOU WILL FIND A SUITABLE PROPERTY, COMPLETE A TRANSACTION, OR OBTAIN FINANCING OR ANY OTHER PRODUCT OR SERVICE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES.

WITHOUT LIMITING THE FOREGOING, TIL, ITS AFFILIATES, AND ITS THIRD-PARTY SUPPLIERS OR LICENSORS DO NOT WARRANT THAT: PROPERTY INFORMATION DISPLAYED IS ACCURATE, CURRENT, OR COMPLETE (IT IS SUPPLIED BY PARTNER BUILDERS,); A LISTED PROPERTY IS OR WILL REMAIN AVAILABLE; A PARTNER BUILDER OR ALLIANCE PARTNER IS FINANCIALLY STABLE OR COMPLIANT; ANY TRANSACTION WILL BE SUCCESSFUL; THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR FREE OF TECHNICAL OR TYPOGRAPHICAL ERRORS; THE WEBSITE OR SERVICES ARE APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR A THIRD PARTY MAY CHOOSE TO PUT THEM; DEFECTS WILL BE CORRECTED; OR THE WEBSITE AND ITS CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING OR HARMFUL COMPONENTS. TIL SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE CONTENT OR OTHER INFORMATION ON THE WEBSITE, AND MAY MODIFY, UPDATE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE WEBSITE OR SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE, WITHOUT LIABILITY TO YOU FOR DOING SO.

IT REMAINS YOUR RESPONSIBILITY TO ENSURE THAT INFORMATION, MATERIALS, OR DATA YOU SUBMIT TO OR THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, TRUTHFUL, AND SUITABLE FOR THEIR INTENDED PURPOSE, AND ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, CONSISTENT WITH SECTIONS 12 “USER OBLIGATIONS” AND 13 “ACCEPTABLE USE”.

DATA TRANSMISSION OVER THE INTERNET CANNOT BE GUARANTEED COMPLETELY SECURE, AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK IN THAT RESPECT.

TIL OPERATES AS AN INTERMEDIARY UNDER SECTION 2(W) OF THE INFORMATION TECHNOLOGY ACT, 2000 AND DOES NOT EXERCISE EDITORIAL CONTROL OVER USER-SUBMITTED CONTENT, THOUGH IT MAY REMOVE CONTENT THAT VIOLATES THESE TERMS OR APPLICABLE LAW.

21. LIMITATION OF LIABILITY

IN NO EVENT SHALL TIL, ITS AFFILIATES, SUBSIDIARIES, OR THEIR RESPECTIVE CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, OR THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR THROUGH TIL; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR ITS CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) TIL'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS UNDER THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE WEBSITE, OR OTHER THIRD PARTIES; (E) ANY PROPERTY TRANSACTION, NEGOTIATION, OR AGREEMENT WITH A PARTNER BUILDER, ALLIANCE PARTNER, OR OTHER THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY PROPERTY INFORMATION, SERVICES, OR THIRD-PARTY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED IN CONNECTION WITH THE WEBSITE OR ITS USE.

UNDER NO CIRCUMSTANCES SHALL TIL, ITS AFFILIATES, SUBSIDIARIES, OR THEIR RESPECTIVE CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SERVICES, OR ANYTHING DESCRIBED IN CLAUSES (A) THROUGH (F) ABOVE, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF TIL, EVEN IF TIL WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TIL, ITS AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE SERVICES, SHALL NOT EXCEED INR 5,000 (RUPEES FIFE THOUSAND) IN THE AGGREGATE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF INDIAN LAW, INCLUDING LIABILITY FOR FRAUD OR WILFUL MISCONDUCT.

22. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TIL, its affiliates, Partner Builders, and Alliance Partners from claims, demands, and proceedings, and resulting losses, damages, liabilities, costs, and reasonable attorneys' fees, brought by a third party arising out of: content or information you submit; your use or misuse of the Website; your violation of these Terms or of any third party's rights; false or misleading information you provided; or any transaction or dispute with a Partner Builder, Alliance Partner, or third-party service provider arising from your conduct. TIL reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with TIL's defense of any such claim. This Section survives termination of these Terms.

22.1 Reservation of Rights and Remedies

Indemnification under this Section does not limit TIL's right to pursue a direct claim against you for your breach of these Terms. TIL reserves all rights and remedies available to it under these Terms and applicable law in respect of such a breach, including recovery of its own direct losses and, where a breach involves Confidentiality or Intellectual Property or User Content, injunctive or other equitable relief, in recognition that such a breach may cause harm that monetary damages alone would not adequately remedy.

23. TERMINATION AND SUSPENSION

  • You may request suspension or termination of your account by writing to the Grievance Officer; TIL will respond within 30 days.
  • TIL may immediately suspend or terminate your access, without prior notice, if it has reasonable grounds to believe you have engaged in fraud, misrepresentation, material breach of these Terms, violation of law, or conduct prejudicial to TIL's interests.
  • On termination: your right to use the Website ceases; active inquiries may be closed; and access to saved preferences is revoked. Your data may continue to be retained in accordance with our Privacy Policy and applicable law.
  • The provisions of these terms of use that by their nature are intended to survive the expiration or termination shall survive and remain in full force and effect

24. GRIEVANCE REDRESSAL

Any complaints, abuse or concerns regarding the Services, Content, property listings, lead handling, or a breach of these Terms must be reported to the designated Grievance Officer - Mr. Arunav Sharma at care@toihomes.com and grievance.toihomes@timesinternet.in, or by post to:

Mr. Arunav Sharma

Times Internet Limited, Plot No. 391, Udyog Vihar, Phase III, Gurgaon, Haryana 122002, India — Phone: 0124-4518550

The Grievance Officer will acknowledge your complaint within twenty-four (24) hours and endeavor to resolve it within fifteen (15) days, consistent with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Please include your name, contact details, TOI Homes account/inquiry reference (if any), the Partner Builder or project involved (if applicable), a clear description of the issue, and your desired resolution.

24.1 Notice Of Copyright/IP Infringement

If you believe content on the Website infringes your intellectual property rights, notify us at care@toihomes.com or in writing to the address above, including:

  • identification of the copyrighted work and the allegedly infringing material;
  • your contact details; a good-faith statement that the use is unauthorized; and
  • a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the rights owner

25. FORCE MAJEURE

TIL is not liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, epidemics, natural disasters, strikes, supply-chain disruption, or governmental action.

26. GOVERNING LAW, JURISDICTION, AND INTERNATIONAL ACCESS

These Terms are governed by the laws of India. Courts at New Delhi have exclusive jurisdiction over disputes arising under these Terms.

The Website and Services are directed at users seeking real estate in India, including NRI and overseas buyers. If you access the Website from outside India, including from the United States, you do so on your own initiative; TIL makes no representation that the Website or Services comply with the laws of any jurisdiction outside India, and nothing in these Terms submits TIL to the jurisdiction of courts outside India.

Any claim arising out of or related to the Website or Services must be brought within one (1) year after the cause of action accrues, after which it is permanently barred, to the extent such a contractual limitation is enforceable under applicable law.

27. GENERAL TERMS

  • Severability: if a provision is held invalid or unenforceable, it will be severed, and the remaining provisions remain in full force. Where practicable, the invalid provision will be treated as replaced by a valid provision that most closely achieves its original commercial purpose.
  • No Waiver: a failure to enforce a right under these Terms is not a waiver of that right.
  • Agreement: these Terms, together with the Privacy Policy and any additional terms applicable to a specific service or offering (including those described in Section “Other Services Referenced On the Website”), constitute the entire agreement between you and TIL regarding the Website and Services, superseding any prior understanding on the same subject. Where such additional service-specific terms are presented to you at the time you avail that service, they apply in addition to these Terms and, to the extent of any conflict, govern for that service alone; these Terms, the Privacy Policy, and any such service-specific terms together constitute the complete contract between you and TIL.
  • Survival: provisions intended by their nature to survive termination continue to apply.

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